Question 1

What are the possible remedies for arrest?

Accepted Answer

All are correc apart from 'an action for damages for false charge' as an individual cannot claim for being falsely charged, only imprisoned

Question 2

Police-recorded crime in England and Wales has been rising

Accepted Answer

The answer of Police-recorded crime in England and Wales has...

Question 3

The British Crime Survey does not cover crimes against those aged under 16

Accepted Answer

The British Crime Survey covers crimes against those aged 16 and over, but not crimes against those aged under 16. These crimes are instead covered by the separate Crime Survey for Children and Young People.

Question 4

If the arrest is not lawful, there is the right to use reasonable force to resist it

Accepted Answer

In many jurisdictions, individuals have the right to resist an unlawful arrest using reasonable force, as the arrest is not legally justified. However, the specifics can vary by location and legal context.

Question 5

For there to be an arrest, the arrestor must regard his action as an arrest

Accepted Answer

In order for an arrest to take place, the person making the arrest must intend it to be an arrest and have the authority to do so. Without these elements, the action would not be considered a legal arrest.

Question 6

The scope of s 60 and police powers to stop and search are being incrementally extended through various Acts of Parliament

Accepted Answer

The scope of s 60 and police powers to stop and search are indeed being incrementally extended through various Acts of Parliament. For example, the Police Reform and Social Responsibility Act 2011 expanded the powers of police officers to stop and search individuals without reasonable suspicion in certain circumstances. Similarly, the Counter-Terrorism and Security Act 2015 expanded the scope of s 60 to allow for broader stop and search powers in relation to terrorism.

Question 7

There is no automatic right to search all suspects as a matter of routine

Accepted Answer

Searches must be conducted based on reasonable suspicion or probable cause, and cannot be done as a matter of routine. Exceptions exist for certain circumstances such as searches incident to arrest or consent searches.

Question 8

What is the name of the face-to-face victimisation survey in which people resident in households in England and Wales are asked about their experiences of crime in the 12 months prior to interview?

Accepted Answer

The British Crime Survey is a face-to-face victimisation survey in which people resident in households in England and Wales are asked about their experiences of crime in the 12 months prior to interview.Respondents to the survey are also asked about their attitudes towards different crime-related issues, such as the police, criminal justice system, and perceptions of crime and anti-social behaviour

Question 9

What must the police officer have in order to stop and search a person?

Accepted Answer

The Code applies to powers of stop and search and states at para 2.1(a) that these are 'powers which require reasonable grounds for suspicion before they may be exercised; that articles unlawfully obtained or possessed are being carried'

Question 10

Where there may be religious sensitivities about asking someone to remove headgear using a power under s 45(3) of the Terrorism Act 2000, where should the police officer offer to carry out the search?

Accepted Answer

Where there may be religious sensitivities about asking someone to remove headgear using a power under s 45(3) of the Terrorism Act 2000, the police officer should offer to carry out the search out of public view (for example, in a police van or police station if there is one nearby

Question 11

Which piece of legislation meant that a person of at least the rank of commander or assistant chief constable, who considered it expedient to do so for the prevention of acts of terrorism, could issue an authorisation specifying a particular area or place?

Accepted Answer

The Terrorism Act 2000 gave exceptional powers of stop and search to uniformed police constables

Question 12

The use of force by a member of the public when arresting someone is governed by which section of the CLA 1967?

Accepted Answer

The use of force by a member of the public when arresting someone is governed by s 3 of the CLA 1967

Question 13

At what moment does an arrest become lawful?

Accepted Answer

Procedure on arrest involves the arrestor having to inform the suspect of the grounds for arrest (s 28(3)) Note, though, that an arrest becomes lawful from when the information is given

Question 14

The Home Secretary is responsible for which of the following?

Accepted Answer

The Home Secretary is responsible for the Metropolitan Police, criminal statistics, the probation service and the Crown Prosecution Service (CPS) (and, more broadly, for 'law and order') The Lord Chancellor is responsible for all the criminal law courts

Question 15

Section 60 of the CJPOA 1994 provides for a stop and search power in anticipation of ___

Accepted Answer

The answer of Section 60 of the CJPOA 1994 provides...

Quiz 8: The Criminal Process: 1 The Investigation of Crime